Judiciário e sociedade: a luta entre os campos, jurídico e midiático, pelo poder simbólico

Abstract

The present work examines the dispute between the Judiciary and the media for the symbolic power. This matter is approached from two panoramas: the media's influence on the Judiciary which happens through its image legitimation in front of the society when it auto-proclaims as being the principal responsible one to guarantee the justice and the reluctance of the Judiciary in front of the practice that follows the history of the Brazilian public administration since its origin, the nepotism. From this scenery there is a reflexion about the demystification of the idea that media is the "Fourth Power" showing that the power accredited to that - by the Judiciary itself when it shrinks from the pressure - is not in accordance with our reality when the subject is the practice of nominating relatives for public positions. With this scenery, the study is structured in four chapters. In the first it is made a retrospective in relation to the Judiciary role during the imperial and republican period and in the constitutions focusing the posture to be adopted for this institution to attend the complexity of the society needs, such thematic is approached through analysis of the constitutional amendment nr. 45. The second chapter is about to examine how means of communication of mass work, evaluating the process of manipulation and public opinion formation in the search for financial profits setting a parallel between how media was expected to work and how it works indeed. The central idea in the third paragraph refers to the difficult relationship between the media and the Judiciary. At last, in the fourth paragraph it is raised the polemic about nepotism in the Brazilian Judiciary.In this sense, it is highlighted that the thematic is approached beneath a shroud of dispute between the media and the Judiciary for the symbolic power of legitimacy in front of the society.